Entwistle, 29, is accused of killing his wife, Rachel and infant daughter, Lillian Rose, in January 2006 at their Hopkinton home, and later fleeing to his native England.

Among the central issues decided Friday was whether the case would even go forward.

Defense attorney Elliot Weinstein had filed a motion to dismiss the two murder charges against Entwistle, citing the extensive pretrial publicity.

"We understand there hasn't been an indictment dismissed in Massachusetts for the grounds we submit to you,'' Weinstein told Middlesex Superior Court Judge Diane Kottmyer. "We believe this one calls for it.''

The case has "consumed the interest of all media locally, nationally and internationally,'' he said, citing a soon-to-be-published book written by a former Boston Herald reporter entitled "Heartless: The True Story of Neil Entwistle and the Brutal Murder of his Wife and Child.''

Weinstein also pointed to the Internet as a source of prejudicial pre-trial coverage.

While earlier Web searches turned up as many as 85,000 hits for Entwistle's name, a search Thursday night produced 165,000 responses.

"Earlier cases didn't have what this one has in terms of media saturation,'' he said. "Earlier cases were prosecuted in a time where this thing called the Internet didn't exist.''

Prosecutor Michael Fabbri, however, insisted that media coverage "is not enough to warrant dismissal of an indictment.''

"There have been many cases with lots of publicity and have ... received fair and just verdicts,'' he added. "I'm confident we can find a jury to try this case.''

Kottmyer also rejected a motion by prosecutors to use a life-size child mannequin during the trial to illustrate the injuries to Entwistle's daughter, but allowed prosecutors to use enlargement of several other pieces of evidence.

Decisions on a handful of other motions, however, will have to wait until trial.

Motions aimed at introducing Entwistle's flight to his home in England, highlighting his viewing of pornographic Web sites and excluding several statements he made were taken under advisement by Kottmyer, and will be addressed during the trial.

The two sides also outlined the jury selection process Friday afternoon, saying as many as 170 prospective jurors would be called to the Woburn courthouse Monday. Jurors will be weeded out using a questionnaire agreed to by the prosecution and defense.

MetroWest Daily News

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